Reg. 84 (PCR 2015)

Reporting and documentation requirements

In: Define > Business need

Overview

This regulation provides that contracting authorities are required to prepare written reports for every contract or framework agreement covered by the PCR 2015, and for every dynamic purchasing system established.

The report must include, among other information, the following:

  • the contracting authority's name and address
  • the subject-matter and value of the contract, framework agreement or dynamic purchasing system
  • results of qualitative selection (where applicable)
  • reasons for rejection of abnormally low tenders
  • the name of the successful supplier and reasons why its tender was selected
  • reasons for using certain procurement procedures
  • reasons for the contracting authority’s decision not to complete the procurement (where applicable)
  • reasons for using means of communication other than electronic for the submission of tenders
  • any conflicts of interest detected and mitigating measures that have been taken.

The report should also contain information about the progress of the procurement procedure, and, to that end, must contain information about: decisions taken in relation to communications with suppliers and internal deliberations, preparation of procurement documents, dialogue or negotiation with suppliers where relevant, and selection and award of the contract.

The report must be kept for at least three years from the date of the contract award. There are also requirements to provide access to the report upon request by a relevant government authority (whether in England, Wales or Northern Ireland).

Objective at this commercial stage

Sufficient documentation must be kept by contracting authorities to justify all decisions taken in connection with the planning of the procurement process, including, amongst other issues, internal deliberations and the preparation of the procurement documents.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that they keep a robust record of all decisions taken in connection with the planning of the procurement process
  • ensure sufficient reporting processes are in place to record key decisions.

See also in the Procurement Act 2023:

  • Section 98: Record-keeping

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements